By Ajo Noel Julious, Juba, South Sudan
June 28, 2015 (SSB) —- In the July 9, 2011 DECLARATION OF INDEPENDENCE, South Sudan adopted The Transitional Constitution of the Republic of the South Sudan. This Constitution replaced the Interim Constitution adopted in 2005 after the signing of the Comprehensive Peace Agreement (CPA). These important developments occurred pursuant to the South Sudanese people’s massive vote for independence in the Referendum, a right guaranteed in the CPA.
Article 122 of the Transitional Constitution establishes the Judiciary, with its powers derived from the people and exercisable by the Courts in accordance with the Constitution and the customs, values, norms and aspirations of the populace. The Constitution ordains the Chief Justice as the head of the Judiciary and the person responsible for its administration.
The power vested in the Judiciary exists independent of the executive and the legislative branches. The language guaranteeing judicial independence in Article 122(2) of the Constitution is reiterated in Section 6 of the Judiciary Act No. 4 of 2008. The Judiciary budget is charged on the consolidated fund following approval by the National Judicial Service Commission (for more on the National Judicial Service Commission’s composition, mandate and powers, see my article in [fill in the blank]), hence having the financial independence in the management thereof.
One might ask, what exactly is judicial independence? There are of course different meanings attributable to the phrase.The most common perception is that judicial independence is the concept that the judiciary must be kept separate from the other branches of government. That is, courts should not be subject to improper influence from the legislature or the executive, or from private or partisan interests.The courts and judges should be free to exercise their powers and jurisdiction, and to perform their functions without fear from or favor to any individual or authority.
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The Mythos of Judicial Independence in South Sudan
Posted: June 28, 2015 by PaanLuel Wël Media Ltd. in Commentary, Contributing Writers, Featured ArticlesBy Ajo Noel Julious, Juba, South Sudan
June 28, 2015 (SSB) —- In the July 9, 2011 DECLARATION OF INDEPENDENCE, South Sudan adopted The Transitional Constitution of the Republic of the South Sudan. This Constitution replaced the Interim Constitution adopted in 2005 after the signing of the Comprehensive Peace Agreement (CPA). These important developments occurred pursuant to the South Sudanese people’s massive vote for independence in the Referendum, a right guaranteed in the CPA.
Article 122 of the Transitional Constitution establishes the Judiciary, with its powers derived from the people and exercisable by the Courts in accordance with the Constitution and the customs, values, norms and aspirations of the populace. The Constitution ordains the Chief Justice as the head of the Judiciary and the person responsible for its administration.
The power vested in the Judiciary exists independent of the executive and the legislative branches. The language guaranteeing judicial independence in Article 122(2) of the Constitution is reiterated in Section 6 of the Judiciary Act No. 4 of 2008. The Judiciary budget is charged on the consolidated fund following approval by the National Judicial Service Commission (for more on the National Judicial Service Commission’s composition, mandate and powers, see my article in [fill in the blank]), hence having the financial independence in the management thereof.
One might ask, what exactly is judicial independence? There are of course different meanings attributable to the phrase.The most common perception is that judicial independence is the concept that the judiciary must be kept separate from the other branches of government. That is, courts should not be subject to improper influence from the legislature or the executive, or from private or partisan interests.The courts and judges should be free to exercise their powers and jurisdiction, and to perform their functions without fear from or favor to any individual or authority.
(more…)
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